Madhya Pradesh High Court
Rajpal vs The State Of Madhya Pradesh on 2 August, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1 MCRC-22690-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 2 nd OF AUGUST, 2024
MISC. CRIMINAL CASE No. 22690 of 2024
RAJPAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Devdeep Singh, learned counsel for the applicant.
Shri V.S. Panwar, learned G.A. for the State.
ORDER
Heard with the aid of case diary.
This is the repeat fifth bail application filed by the applicant under Section
439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with
Crime No.50/2020 registered at Police Station - Neemuch City, District -
Neemuch for the offences punishable under Section 8/15 of NDPS Act.
2. First bail application of the applicant as dismissed as withdrawn vide
order dated 28.02.2022 in M.Cr.C No.8398/2022, thereafter, second bail
application was dismissed as withdrawn vide order dated 02.09.2022 in M.Cr.C.
No.41235/2022, thereafter third application of the applicant was dismissed on
merits vide order dated 16.08.2023 in M.Cr.C. No.31644/2023, fourth bail
application of the applicant was again dismissed on merits on 20.03.2024 in
M.Cr.C. No.11212/2024.
3. Prosecution story in brief is that, on 03.02.2020, ASI Devendra Singh
Senger, Police Station Neemuch City received secret information that Parwat
Singh S/o Karansingh and Rajpal Singh S/o Karan Singh are going from
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Mandsaur to Rajasthan via Malhargarh, Jaitpura, Nayagaon by Eicher vehicle
bearing registration No. RJ-02-GA-1210 loaded illegally with a large quantity of
contraband. The information was recorded in Rojnamacha and the police force
reached the spot given by the informant. The aforesaid truck was seen coming
from Mandsaur side. It was apprehended by showing torchlight. The driver of
truck disclosed his name as Rajpal and another person sitting beside him disclosed
his name Parwat Singh. The truck was searched and police have recovered 4
quintal 56- kilogram poppy straw contained in 19 bags. The procedure was
completed as per the mandatory provision of N.D.P.S. Act. The aforesaid two
accused disclosed that that one Dangi Seth has loaded the poppy straw in the
Eicher truck and directed them to deliver it to Rajasthan. Accordingly, these
applicants were made accused and arrested.
4. Learned counsel for the applicant has pressed this repeat bail application
mainly on the ground that applicant is in custody around four years and six months
but till date only 3 prosecution witnesses have been examined before the trial court
and conclusion of trial will take sufficient long time for its disposal therefore, it is
prayed that on the basis of delay in trial the applicant/accused be released on bail.
Counsel for the applicant placed reliance in the case of Dheeraj Kumar Shukla Vs.
State of Uttar Pradesh passed by the Apex Court in SLP(Cri.) No.6690/2022.
5. On the other hand, counsel for the State opposed the bail application and
submits that earlier three bail applications of the applicant are dismissed on merits.
Lastly, fourth bail application of the applicant has been dismissed vide order dated
20.03.2023 passed in M.Cr.C. No.11212/2024 thereafter, there is no change in
circumstances. Matter relates to huge quantity of contraband therefore, applicant is
not entitled for grant of bail.
6. In the case of Dheeraj Kumar Shukla (supra) 92 kgs. of Ganja was
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recovered from Honda City Car and 65 kgs. of Ganja was recovered from Swift
Dzire car wherein accused was in custody for more than 2 years and 7 months and
trial has not been commenced therefore bail was granted to the applicant.
7. While deciding earlier bail application of the applicant vide order dated
16.08.2023 passed in M.Cr.C. No.31644/2023 the coordinate bench of this Court
has dismissed the bail application of the applicant with following observations:-
"Shri Amit Rawal, Govt. Advocate for the respondent/State
opposes the aforesaid prayer by submitting that on
03.02.2020 the Police Station Neemuch received a discreet
information that these two applicants namely Rajpal and
Parwat Singh are carrying large quantity of contraband.
When their truck bearing registration no. RJ-02-GA-1210
was apprehended, 4 quintal 56-gram poppy straw was found.
The FSL report has also been received confirming the seized
article as poppy straw, therefore, section 137 of the NDPS
Act attracts in this case as they have no grounds to get the
bail on merit. It is further submitted that so far the judgment
passed in the case of Mohd. Muslim @ Hussain (supra) is
concerned in the said case applicant was not in a possession
of narcotic drug and he was implicated on the basis of
memorandum statement of other accused. It is further
submitted that in the District Neemuch and Mandsaur there
are number of trials pending before the Special Judge,
therefore, it is not possible for the Judge to conclude each
and every trial within a period of one or two years. The trials
could not proceed for almost two years because of the Corona
Lockdown.
Now the evidence has begun. The independent witnesses
have been examined. Only the police witnesses are required
to be examined, therefore, the trial itself can be concluded.
In view of the above, I am not inclined to enlarge the
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applicants on bail. Accordingly, these bail applications filed
under Section 439 of the Cr.P.C. stands rejected."
8. I have heard learned counsel for the parties, perused the case diary, also
considering the facts and circumstances of the case, this case is related to huge
quantity of contraband of 4 quintal and 56 kilograms, therefore, it is not a fit case
to grant bail to the applicant. Resultantly, M.Cr.C. is dismissed. However, trial
court is directed to conclude the trial as expeditiously as possible.
(PRAKASH CHANDRA GUPTA)
JUDGE
ajit
